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Category Archives: US Immigration Law

You may not be required to prove your financial ability to be eligible for immigration benefits! There are certain groups of people who are either exempt from public charge, or may get a waiver for public charge when applying for a green card or other benefits with USCIS. These include:

Inadmissibility based on the public charge ground is determined by the totality of the circumstances. This means that the adjudicating officer must weigh both the positive and negative factors when determining the likelihood that someone might become a public charge. At a minimum, a USCIS officer must consider the following factors when making a public charge determination:

Age

Health

Family status

Assets

Resources

Financial status

Education and skills

The officer may also consider any affidavit of support filed on behalf of the individual. In assessing the totality of the circumstances, including the statutory factors above, an officer may consider the individual’s receipt of certain publicly funded benefits. Not all publicly funded benefits are relevant to deciding whether someone is likely to become a public charge. When determining whether someone is likely to become a public charge, USCIS will consider whether the individual is likely to become primarily dependent on the government for subsistence as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense. Short-term institutionalization for rehabilitation is not subject to public charge consideration under existing field guidance.

It’s true that immigration is a complicated area of law. At Your Immigration Angel, we stay at the forefront of changing immigration policy and legislation. Even if your circumstances are complicated, we can answer your immigration questions and create the best strategies for you. For example, if the National Benefits Center still has not granted your Motion to Terminate after your AOS interview, we can help you to make sure that USCIS or EOIR proceeds with the adjudication of your adjustment of status. What about an I-130 petition for a noncitizen who is detained? We can help you with that as well by requesting an expedited action with USCIS and the ICE counsel. There are often options that you may not know exist. That’s when our experienced Los Angeles immigration attorneys can help you! Contact us for your free initial consultation today! You can find many convenient ways to contact us on our “About Page.”